News

📢 Consent is Never Implicit!

Source : PS 00471-2023

📱 A content creator posted a video on TikTok and Instagram, featuring a 13-year-old minor answering personal questions, including about her sexual life. The video was then shared across multiple platforms, including Twitter.

🔍 Context & Investigation

📅 April 18, 2023 - Initial Report:
• 👮 The Spanish National Police informed the AEPD after a parental complaint.
• 🔥 The video went viral, garnering a significant number of views and interactions, leading to mockery.

⚖️ AEPD Action:
• 📂 Opened an investigation and requested the removal of the video.
• 🖥️ Video was deleted from platforms but remained available on third-party accounts.

🎙️ Influencer’s Justification:
• 🎥 The influencer claimed the video was recorded at the request of teenagers who wanted to be featured.
• 🤷 He believed parental consent was implicit, as no opposition had been expressed before publication.

⚠️ Violations Identified

The AEPD found multiple violations of the GDPR:

1️⃣ Article 9-1: Unlawful Processing of Sensitive Data
🔴 The video revealed information about the minor’s sexual life.
💰 Sanction: €3,000

2️⃣ Article 6: Lawfulness of Processing
❌ No legal basis for recording and sharing the video.
💰 Sanction: €3,000

3️⃣ Article 5.1.c: Data Minimization
🖼️ Excessive dissemination of the minor’s image and voice.
💰 Sanction: €3,000

4️⃣ Article 13: Transparency of Information
ℹ️ The parents were not informed about the data processing.
💰 Sanction: €1,000

🚨 Sanctions Imposed

💰 Total Fine: €10,000
⛔ Prohibition on processing personal data without consent.